Full question:
My husband is a retired veteran who was decommissioned from service due to heavy injuries he sustained during his tour in Iraq. He was under therapy for a period of over 3 years in Danville. I attributed his erratic behavior to the depression he was in since he was forced to quit the job he loved. I recently discovered that he has an addiction to morphine and has been using it since he was in therapy. I didn’t realize that he was turning into a junkie. I can’t take it anymore as he his behavior takes a toll on me as well as the children. Can I file for a divorce in Danville?
- Category: Divorce
- Subcategory: Grounds
- Date:
- State: Illinois
Answer:
In Illinois, you can file for divorce based on irreconcilable differences, which is the only ground for divorce under the no-fault system. According to 750 ILCS 5/401, the court will grant a divorce if: (1) one spouse has been a resident of Illinois or stationed here as a service member for at least 90 days before filing, and (2) it is determined that irreconcilable differences have led to an irretrievable breakdown of the marriage. You must also show that attempts at reconciliation have failed or that future efforts would not be in the family's best interests. While prescription drug abuse itself is not a standalone ground for divorce, you can use it as evidence to support your claim of irreconcilable differences. If you and your spouse have lived separately for at least six months before filing, this creates a presumption that irreconcilable differences exist.This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.